Court : Chennai
Reported in : (2007)1MLJ394
..... dismissed, even accepting the contention of the appellant that no further action was taken by the first respondent, the appellant claimed herself as co-sharer of the second respondent and her mere denial of the title of others not give benefit of the statute of limitation of adverse possession, that too, in the absence of established animus possidendi, hence the findings of the first appellate court that the appellant has ..... the said date of dismissal is taken into account, the appellant has been in possession for over the statutory period thereby prescribed her title by adverse possession; that even after the amendment of the plaint seeking additional relief of declaration is ordered, the respondents have not ..... is the plaintiff in the said suit for recovery of possession; that if the said date of dismissal is taken as starting point for seeking adverse possession, she has perfected her title by adverse possession since she is in occupation of the suit property for more than the prescribed period. ..... 354 of 1953, wherein she claimed right over the suit property denying the title of the respondents herein; that ex.as.51 to a.57 are the electricity receipts between the period from 1975 to 1978; that ex.14, ..... , holding that there is no relationship of lessor and lessee and especially when the first defendant had not filed any suit for recovery of possession, has not the plaintiff perfected title by adverse possession at any rate from the date of the dismissal of the suit on 13.02.1956 ? .....
Tag this Judgment!Court : Chennai
Reported in : AIR1975Mad379; (1975)2MLJ59
..... of the vendor, section 17 says-'a contract to sell or let any immovable property cannot be specifically enforced in favour of a vendor or lessor- (a) who, knowing himself not to have any title to the property, has contracted to sell or let the property, (b) who, though, he entered into the contract believing that he had a good title to the property, cannot at the time fixed by the parties or by the court for the completion of the sale or letting, give the purchaser or lessee ..... performance, since she had no saleable interest in the property, at the time when the agreement was entered into, and, as there was no decree passed in the ejectment suit, and as the plaintiff had not obtained title to or right of assignment over the property in her favour in a manner known to law, the plaintiff was not entitled legally to enforce the so called contract or agreement of sale. 4. ..... is on the well-known principle of feeding the grant by estoppel, again, if third persons are interested in the bargain and if the vendor can compel such persons to join in the transfer of such property over which he had no title or had only an imperfect title, then the purchaser can compel the vendor to procure such concurrence or compel such third parties to procure such a conveyance. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad402; (1953)1MLJ511
..... property, or persons claiming through such tenant, shall during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immoveable property".the section applies to a tenant let into possession and also to persons claiming through such a tenant; in other words his representatives. ..... tenancy of a few yards of ground estops a tenant from denying his landlord's title to the surrounding acres held under the same title or claim of title but i think the doctrine of estoppel which operates between landlord and tenant has no application to the same parties even while the tenancy exists when the question of title arises between them, not in this relationship of landlord and tenant but of vendor ..... if for example, a tenant obtains a lease for a period of 21 years but subsequently finds that the landlord had only five years' title, it is not open to him after the expiry of the period of five years to set up against the landlord 'jus tertil'.of course, the real owner can always step ..... to say, that if a is the original landlord & b claims reversion either as his heir or as the donee or as the adopted son of a, it is open to the tenant to deny the derivative title, that is, he can dispute that the person claiming to be the heir is not the heir or the donee or the adopted son.but if once the derivative title is established, the tenant cannot, even between himself and a person who claims the reversion, deny the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad415; (1953)IIMLJ748
..... right of receiving the rent or tax payable to government in respect of the inam lands as transferees of the government, and it is therefore expedient to remove all doubts as to the true intent and meaning of the words used in the said title deeds; and where the words "land" and "lands" are used in madras act iv of 1862 and iv of 1866 to connection with inams in a sense not applicable to inams, and it is expedient to explain the true intent and meaning ..... that it should logically make no difference whether the question was raised with reference to one portion of the village or another because if the effect of issuing separate title deeds was that there was no confirmation of the grant of the whole village, no portion of the estate comprised in any of the title deeds could be regarded as estates and that the dharmasanam grants should, therefore, be held to be not estates, in the view which i have taken that the decisions ..... both my learned brothers have further considered the scope of the earlier decisions of single judges and division benches of this court on the implications involved in the issue of separate title deeds by the inam commissioner to holders of different extents comprised in the same village but granted subsequently to the inam grant and their bearing' of such confirmations on the questions whether they would or not alter the .....
Tag this Judgment!Court : Chennai
Reported in : 1999(3)CTC724
..... patta standing in the name of gokaldas dharamdas and the partition deed; the vendor shall make available the said documents for scrutiny by the buyer's lawyer within one month from that date and title shall be subject to the approval of thesaid lawyer; the sale or sales shall be completed within three months and time is the essence of the contract; the vendor shall arrange to have the sale deed or ..... the obligations fast upon the buyer under this agreement is that he must pay, the balance price before the registering officer; that his lawyer must approve the title; that the buyer had a right to buy the land excluding the land occupied by the huts if the huts are not removed and if the huts were removed he has to put up a compound wall ..... out that he had parted with large money; he was put in possession; he had prepared the sale deed and that he has been ready and willing to completethe transaction and since the cloud in title has been raised he sought information as to what steps the second defendant had taken to counter the claim of the third party. ..... the suit for specific performance being earlier in point of time to the suit for declaration of title i am inclined to summarize the pleadings in the suit for specific performance first before summarizing the pleadings in the ..... therefore clauses were put that the plaintiff's advocate has to be satisfied about the title and the first defendant should arrange to get sale deeds executed by the different owners of the property comprising the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1964Mad404
..... an obligation or claim for restitution in the event of the decree under execution being reversed or set aside on appeal, and that a decree-holder-purchaser placed in that situation, cannot confer a better or higher title than what he has, by selling the property to a stranger however bona fide he may be; and (b) the rule that a sale cannot be set aside and restitution cannot be obtained if the sale had duly ..... decree was pending, and that when the property was purchased by the decree-holder, in his hands, it was undoubtedly subject to a claim for restitution, the title itself being a defeasible title depending upon the reversal of the decree, and that the decree-holder-purchaser cannot possibly transfer or pass on the property free from that obligation for restitution. ..... the sale originally was voidable and capable of being avoided at the instance of interested parties, and the transfer of the voidable title to an innocent purchaser for a valuable consideration and without notice, passes the title free from such infirmity in his hands.......therefore, where the guardian was authorised to sell the ward's lands, was himself indirectly, but really, the ..... incumbrance, or a trust, or any other claim; for a bona fide purchase of an estate, for a valuable consideration purges away the equity from the estate, in the hands of all persons who may derive title under it, with the exception of the original party, whose conscience stands bound by the violation of his trust and mediated fraud. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1972Mad162
..... and they merely distinguished that case on another point without expressing any dissent from the view expressed by the privy council in that case that:'it lay upon the plaintiffs to prove not only a title as against the defendants to the possession; but to prove that the plaintiffs had been dispossessed or had discontinued to be in possession of the lands within 12 years immediately preceding the commencement ..... and enjoyment of the same till 1954 when the first defendant trespassed into the suit properties, demolished a fence existing on the land and occupied the same asserting title under a document of exchange dated 2-2-1954 executed by the fifth defendant, the southern india education trust, madras and that, therefore, she was constrained to file the suit to establish ..... the decision of the full bench in air 1940 mad 798 (fb) in holding that a plaintiff suing in ejectment is not entitled to succeed unless he shows in addition to title that he has been in possession of the suit property within 12 years of suit no longer applies, in view of the decision of the supreme court in : ..... for the plaintiff to establish her possession of the suit property at any time within 12 years of suit to get recovery of possession in the suit, that once she proves her title thereto she is entitled to recover possession of the property, so long as the defendants have not perfected title by adverse possession, and that in this case the defendants have not put forward a plea that they had perfected .....
Tag this Judgment!Court : Chennai
Reported in : AIR1960Mad529
..... that when subsequently the plaintiff sent a notice demanding the amount claimed in suit the fraud practised by the plaintiff came to light, that the equitable mortgage by deposit of title deeds was not for any specific amount fixing the maximum and therefore vitiates the transaction and that there is neither writing nor registration for the creation of this equitable mortgage ..... was made personally by the husband (first defendant) on behalf of himself and his wife, that the delivery of the documents was to a creditor, that the documents were title deeds relating to immovable properties in regard to which an equitable mortgage could be created, that the delivery was with intent to create a security thereon, that no maximum amount for ..... on 10-10-1953, according to the plaintiff, the first defendant and his wife veerammal, the second defendant, deposited title deeds with the plaintiff with an intent to create an equitable mortgage for the value of goods supplied on credit and for subsequent amounts that ..... first of all, the practice in madurai town of creating equitable mortgage by deposit of title deeds shows that the husband and wife must have created the suit equitable mortgage, for taking goods on credit from the plaintiff.the wife ..... (5) i am bound by the concurrent findings of fact that though the deposit of the title deeds with the creditor was physically by the first defendant alone, it was on behalf of both the first and the second defendants, the first defendant acting as the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1938Mad865; (1938)2MLJ534
..... ) and observed as follows:while their lordships do not think that the language of lord carson conveys or was intended to convey the meaning that no memorandum relating to a deposit of title-deeds can be within section 17 of the registration act, unless it embodies all the particulars of the transaction of which the deposit forms part, their lordships are of opinion that no such memorandum can ..... for the position, that equitable mortgage with respect to the entire security could be created from a deposit of part of the title-deeds if from the evidence it can be gathered that the object of the parties was to create a security upon the whole ..... since it is the mortgagee's interest that is being sub-mortgaged, a sub-mortgage of such interest by depositing the title-deeds can be created only by depositing the title-deed evidencing the title of the mortgagee, and, since admittedly no such document has been deposited as none such is in existence, the mere re-depositing of the title-deeds of the original mortgagor cannot in law create a valid equitable sub-mortgage. ..... 15,37,243, the nagarseths were entitled to an equitable mortgage and a first charge on the lands comprised in the title-deeds with the exception of the lands in the vadavoor village (the present suit properties) and it was declared that by virtue of the deposit of the title-deeds by the nagarseths with the 5th defendant, the rajah of limbdi, the properties were validly mortgaged to the latter for the nagarseths' debt to .....
Tag this Judgment!Court : Chennai
Reported in : AIR1981Mad57; (1981)1MLJ71
..... provided that nothing contained in the said sections shall apply to a tenant whose landlord is the government:provided further that where the tenant denies the title of the landlord or claims right of permanent tenancy, the controller shall decide whether the denial or claim is bona fide and, if he records a finding to that effect, the landlord shall be ..... conclusion of the learned appellate authority holding that the second proviso to section 10(1) applies to the present case, and that the denial of the title of the petitioner by the respondents is bona fide does not call for any interference. ..... an application for eviction under the provisions of act xviii of 1960, sets up title in himself, or herself, the second proviso would come into operation and it is in that context alone the rent controller would have jurisdiction to find out whether the denial of title of the landlord and the setting up of such title in himself or herself by the tenant is bona fide or not. ..... in the present case, there is no controversy that the tenants denied the title of the petitioner only by putting forward the contention that somebody else had become the owner of the property and to such a situation admittedly the principle of ..... the learned counsel for the petitioner contends that the denial of title of the landlord contemplated by the second proviso to section 10(1) will have to be read in the context of the definition of the term 'landlord' occurring in section 2(6) and that, if so read, it will .....
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